134 Old Grayce Lane - Bowman, JudithDD
0
CONSENT TO ENCROACH
2007021889 ENCR $23.00
04/19/2007 02:05:25P 7 PGS
Jennifer J Hayden
ecorder IN
HAMILTON County
Recorded as Presented
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Judith A. Bowman, 134 Old Grayce Lane, Carmel, Hamilton County, Indiana 46032, "Owner and the
City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City
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WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 3 "Lot in the Bethenridge Subdivision which is
located within the corporate limits of the City of Carmel, Indiana "Subdivision which real estate is
more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and
WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 1, Slide Number 201
as Instrument #9131665 in the Office of the Hamilton County Recorder on November 22, 1991, as
Bethenridge and
WHEREAS, the current Owner has constructed a fence on the Lot (the "Site Improvement and
WHEREAS, Owner has given the City a sketch "Sketch depicting the location of the Site
Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as
Exhibit B; and
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WHEREAS, the Site Improvement is constructed on a portion of the Lot designated as a Drainage
Easement (the "Easement identified as "Drainage Easement" on Exhibit B; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment
upon the Easement, which Encroachment is crosshatched on Exhibit B; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by Owner on Exhibit B; and
WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should
not materially interfere with the City's use of the Easement.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the parties mutually promise, agree and covenant as follows:
1. The foregoing preambles, recitations and definitions are made a part hereof as though such
were fully set forth herein.
2. The City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure
or otherwise change the Site Improvement from what is depicted on Exhibit B, and to
maintain the site improvement in good condition and repair.
[eb:msword s shared\lpickett\fonnskonsents to encroach\ bowman cte (fence).doc2/19 /071
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4. Owner agrees that City shall have the right to remove any portion of the Site Improvement
as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility
lines, sewer lines or drainage ditches located in the Easement, or for any other lawful
purpose, and that, should the City take such action, the City shall incur no obligation to
repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site
Improvement, the Lot, or to Owner.
5. Owner agrees to indemnify and hold harmless City, its officers, officials, members,
employees, invitees, licensees and agents, from and against any and all losses, liabilities,
damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or
death, and from any destruction or damage to any property or improvements, located on the
Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 11
hereof, which results directly or indirectly from any act of Owner, its employees,
contractors and/or agents in, on, under, across or to the Easement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easement and any improvements located therein
caused by the installation, construction, maintenance and/or operation of the Site
Improvement.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City a recorded copy of same within ten (10) business days of the effective
date of this Agreement. In the event this Agreement is not timely recorded by Owner,
Owner agrees and consents to City recording same, at Owner's sole expense.
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8. The parties agree that the terms of this Agreement shall be binding upon and inure to the
benefit of their respective heirs, administrators, successors and assigns.
9. The parties executing this Agreement represent and warrant that they are authorized to
enter into and execute this Agreement for and on behalf of the party which they represent.
10. This Agreement shall be effective as of the date on which it is last executed by a party
hereto.
11. The Owner agrees to provide full disclosure of this Agreement to all persons, entities and
others who acquire by or through Owner any interest in the Lot on and after the effective
date of this Agreement.
"OWNER" "CITY"
JUDITH A. BOWMAN
Ai
Si
Date: Ql oi /cqoo
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ATTEST:
4
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
ames Brainard, Presiding Officer
Date: 3 7
at gloaeiic.t
Mary Ann Burke, Member
Date:
Lori WatAso
Date:
tuber
�3�
iana Cordray�7 I V� Treasurer
Date: `3 0
COUNTY OF
My Commission Expires:
c )--a
SS:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Encroach" on behalf of the City of Carmel, Indiana.
My Commission Expires:
Wig /0y
eb: msword :s:\sharod\Ipickett\ forms \coisents to encroach \bowman cte (fence).doc :2/19/07]
STATE OF INDIANA
Before me, a Notary Public in and for said County and State, personally appeared JUDITH A.
BOWMAN, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as his or her voluntary act and deed.
r-
Witness my hand and Notarial Seal this „a_ day of ze.. 20 0 7
N 0 TAR PUBLIC
Jot/ L tS'f L le_r
Witness my hand and Notarial Seal this 1 day of CLA4
Printed Name 1 My County of Residence:
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, and LORI WATSON, by me known and by me ,o, p wtbe the
e �sPV.��:�;:
Members of the City of Carmel Board of Public Works and Safety, and llOrA kn' 4AY,; Clerk
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of.the•;foregoing .Consent To
NOTARY PUBLIC
J IJ2eJCtoett t
��/t/ dO/,<v�s
Printed Name
My County of Residence: /7 %D
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
5
nature)
1 affirm, under the penalties for perjury, that I have taken
reasonable care to redact each Social Security Number in
this c cument, unless required by law.
ACWI
LEGAL DESCRIPTION
Part of the Northeast Quarter of Section 25, Township 18
North, Range 3 East, Clay Township, Hamilton .County,
Indiana
Lot #3 in the Bethenridge subdivision. Recorded in the Office
of the Hamilton County Recorder on November 22, 1991 in
Plat Cabinet 1, Slide 201 as Instrument #9131665.
EXHIBIT "A"
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151.66. 13232
SPO44 44
EAST. RIOHTL,OFWAY LINE
MONON RAILROAD'